Monday, June 13, 2011

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  • mikemeyers
    12-26 05:42 PM
    According to my knowledge, going back to F-1 is your best bet. The reason is whether u are legal in the country or not while ur H1 application is pending is decided by USCIS by approving change of status. If they don't u will be out of status, u have to leave the country and come back. but if you r on f-1, u'll be in legal status all the time. Just make sure, u transfer ur SEVIS I-20 before 60-day OPT grace period expires. Then, u'll be able to avoid worst case scenarios of being out of status in case ur H-1 is approved but change of status is not.




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  • eb3_2004
    07-05 04:44 PM
    there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
    That rule is valid only for normal visits..If u visit a consulate in Canada for an appointment u need to have visa stamped to get back...The rule doesn't work out there...




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  • ita
    01-23 01:26 PM
    Thank you very much for all the replies.

    Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?

    Thank you.




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  • RSM1444
    10-14 04:29 PM
    Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)



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  • GCKaMaara
    10-15 11:58 AM
    I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......

    My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.

    I Second this idea.




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  • chanduv23
    07-27 09:50 PM
    The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.

    Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.

    There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.

    I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.



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  • redgreen
    10-08 06:26 PM
    Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.




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  • sbmallik
    09-03 02:27 PM
    Correct! TSC is bend on approving cases with later PDs ... no other logic holds ...



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  • bigboy007
    02-18 12:14 AM
    Chandu just mentioned that some means of contacting him is made. But he is very pivotal for this . As hez Obama campaign chairman , Senate No. 2 Ranking Democrat. His support or non-support is very crucial to support or not supporting any legislation now and if Obama comes in to picture obviously he will have better hold. We need to get our message strong , hard in a best smooth way possible.

    Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.




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  • seahawks
    06-27 01:18 AM
    yes was filed by lawyer, but in his defense, I had to review all the paper work, I did not do a good job either.



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  • akkakarla
    08-06 11:19 AM
    IN CP the embassies request the visa number before it schedules the interview for the applicant.

    For example: If the applicant interview is scheduled in August 14th 2007 the interview letter will be sent 3- 4 weeks before(in July 2007). They request the visa number in July at the time they send interview letter.

    All the people who attended CP interviews in July got Visa Number and hence are approved till July 31st.




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  • hopefulgc
    08-13 08:39 PM
    as i said

    maybe he has been hired by some south african don to predict cricket stats for betting

    or maybe some italian mob has him by the nuts to pick lotto numbers.
    :D:D:D:D:D

    and he is now going to get south african GC for his "outstanding ability"
    :D:D:D

    I am saying this without much research BUT I do recollect rave reviews about VDL Rao.

    In past, Googler, Conshell etc. have done a good job of investigative journalism (name check memo and other critical updates). Discovering VDL rao would be blessing for some sort of hunch on Visa number availability. He has apparently commanded our respect.

    Some guesstimate is better than utter confusion.

    We need you Mr. Rao. Help us in our journey from darkness to light.... an eventual green light!



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  • gc_chahiye
    01-02 12:37 PM
    Hi Guru's

    My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.

    RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.

    But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.


    But surprised to see this denial letter.


    My attorney is confident that we would win the case if we appeal against the decision

    what are my alternatives now and how long is it taking now to process this appeal.

    What is the exact reason for denial? In spite of your education evaluation as well as letter from the Registrar in India they still dont believe Maths was your major?

    You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).

    Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)




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  • newbie2020
    05-18 07:42 AM
    This one is an earlier bills introduced earlier ,This is similar to the bills being discussed

    http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110j4GOX5::

    Since the text of this bill is similar to other bill should we try to get these law maker's support.





    http://www.house.gov/apps/list/press...vatorsAct.html

    KENNEDY AND MCCAUL ANNOUNCE “NEW AMERICAN INNOVATORS ACT”




    (Washington, DC) - Congressman Patrick J. Kennedy (D-RI) and Congressman Michael McCaul (R-TX) announced the introduction of the New American Innovators Act. The New American Innovators Act would exempt foreign students receiving Ph.D.’s from accredited, American universities from numerical immigration limits.

    “The New American Innovators Act takes the best and the brightest and moves them to the front of the green card line,” said Congressman Patrick Kennedy. “The global competition for talent is getting fiercer with each passing year. Although we already have the most talented workforce in the world, we cannot sit idly by while other countries work to attract the best international talent – especially when those individuals have been educated in our universities. The New American Innovators Act targets the cream of the crop. These are individuals who will generate breakthroughs, start businesses, create jobs, and ultimately help to drive our economic growth for years to come. It is absurd that we would spend time and money educating them only to force them to go to our economic competitors, even if they want to stay.”

    “We need to ensure that U.S. employers continue to create and stay on the ‘cutting-edge’ of the global market,” stated Congressman Michael McCaul. “I am proud to work across the aisle in a bipartisan fashion to co-introduce this bill with Congressman Kennedy that will add to America’s economic strength by offering increased access to the best talent, no matter where they may be born. These individuals are the best and the brightest, having graduated from U.S. universities with doctorate degrees and are already present and working in America. These professionals add to our prosperity, by making enormous contributions to our economy. The last thing we want to do is force them to leave the country. ”

    “We must continue to be committed to ensuring U.S. employers have the talent necessary to compete worldwide. Without the ability to retain them, we risk losing these hard-working, valued workers, who we have spent an enormous amount of funds training and educating to our national competitors abroad.”



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  • akr_roy
    07-16 07:09 PM
    Lets not count the chickens before they are hatched. Its entirely plausible that if anything favourable comes up, its due to combined efforts. Lets not fight out yet, as if we havent seen anything concrete yet.

    cheers




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  • myuname
    06-25 11:50 AM
    Anybody else in the same boat?

    I'd say proceed with filing 485 for now and later you can think about porting etc.
    Rather try filing it yourself and save lawyer fees ($1500 per primary applicant and $2000 for primary + dependent? geez this is a special offer?)



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  • reachinus
    10-31 10:20 AM
    They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

    Hope this helps.

    your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.

    .......
    They issue I-94 based based only on the expiry of the visa stamp.




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  • kevnss
    03-20 11:50 AM
    Hi,
    I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw it but as most of them said it is not mandatory. Regarding H1 I believe old employer cannot do any thing once your H1 transferred over to the new employer but new employer has to get the receipt number before it gets skrewed.




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  • kaisersose
    12-07 04:43 PM
    I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
    in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)

    Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)

    Sorry buddy....I know 4 of my friends who got their GCs through EB1 within a year - all project managers. The key piece of documentation required by USCIS was an official org chart from the company showing people reporting to the applicant both back in the foreign country and currenty in the US.

    Now it is certainly possible that some applicants were rejected because the IO was not convinced, but I know four people who sailed through without RFEs.




    roseball
    07-12 04:29 PM
    Mine was an e-filing. However my FP scheduling was quite weird.
    I had my FP scheduled for 11/13
    but my Card Production was Ordered on 11/12

    I still went ahead and gave my FP on 11/13.

    Thanks gc28262.

    Is there anyone who e-filed their EAD renewal at TSC during May time frame. It would be helpful if you can tell me how long it took for approval. TIA.




    Berkeleybee
    05-17 01:08 PM
    All,

    As we wait for the Senate debate to move along, I know there is a great deal of restlessness and a desire to have something, anything happen. A need for reassurance that something will happen fast, or that provision X will be signed into law by ZZZ date.

    I am starting this thread for such questions. Otherwise we have an ever proliferating set of threads with very specific questions like "can we have provision X become its own bill and have it signed by next Friday so I can go home and stop worrying?":)

    I will move such posts in to this thread.

    We will do our best to answer these questions. Hang in there, keep heart.

    best,
    Berkeleybee



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